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.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......en the provisions of the Code of Civil Procedure cannot be followed. In the present case, for example, it can pass an order in execution (based upon the judgment) giving the respondents a certain period within which to prepare the Gradation List and submit the same to the Tribunal. In this way, ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......ided for in section 76(1) of the Companies Act. A new schedule would start with the actual holding of the annual general meeting in accordance with the directions of the High Court Division and the period of fifteen months should be counted from the said last Annual General Meeting held as per dir..Category: Business or Commercial Law | Date: | Hits: 352
....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
......me Affairs issued a fresh order of detention on 29.10.88 under Section 3(2) of the Special Powers Act, 1974 and served the same on the detenu inside the Dhaka Central Jail detaining him for a further period of three months on the grounds that the detention of the detenu is necessary in the interest ..
Category: Criminal Law | Date: | Hits: 100
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......owner. The Jetty Administration shall not be responsible for any loss, damage, deterioration or complete destruction of the same through whatever cause it may be. For purpose of calculation of 7 days period, the actual date of landing will be considered and not the common Landing Date." The under li..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......end of a month of the tenancy. A notice as contemplated by law therefore should be a notice of 15 days expiring with the end of a month of the tenancy. In other words, the notice must contemplate the period of expiry of the tenancy with the month of the tenancy. In the Instant case it is already fou..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ...... on the date on which they made such an application. Now the central point that calls for determination is whether the execution proceeding is barred by limitation for not having proceeded with for a period of about 14 years and whether the period of limitation will be guided and governed by either ..Category: Property Law | Date: | Hits: 94
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ermination of time.-(1) In any Act of Parliament or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and for the purpose of including the last in a series of days..Category: Criminal Law | Date: | Hits: 112
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....endant No.2 executed and registered an agreement for sale of the suit land in favour of the plaintiffs on receipt of Tk.300,000/- as earnest money out of total consideration of Tk.16,50,000/-. It was stipulated between the parties that the deed of sale would be executed and registered within 30.06.2......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......utated in respect of the disputed property. The High Court Division came to a finding that the Government could have challenged the decision of the Additional Deputy Commissioner, Gazipur during this period. The High Court Division also observed that in the absence of any affidavit-in-opposition, th..Category: Property Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ...... Custom Appeal by applying the provision of section 5 of the Limitation Act. In the Act there is also no provision for condoning any delay by the High Court Division and to admit an appeal beyond the period of 90 days. Therefore, we are of the view that there is no scope for condoning the delay i..Category: Procedural Law | Date: | Hits: 111
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......he with dishonest intention to prejudice the economic or financial interest of the State vis-a-vis Bangladesh Shilpa Bank "dishonestly removed the machineries of the Decent Oil Mill Ltd. during the period of attachment and misappropriated the same." 5. In this case after a preliminary enquiry..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d it was for two years with effect from 1st, of January, 1981 at a monthly rental of Tk.2,000/- payable in advance by the 1st week of each calendar month for which the rent become due. It was further stipulated in the said agreement that the tenant should keep with the landlady a sum of Tk.20,000/- ......scribed as a notice under section 106 of the Transfer of Property Act. It has been stated therein that Dr. Suraiya Hossain is a monthly ejectable tenant at will and after the expiry of the stipulated period of two years Dr. Suraiya Hossain was requested to vacate the house but she did not pay any he..Category: Property Law | Date: | Hits: 88
....ointed in his stead by the party or arbitrators (as the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon t......ium the Property insured described in the Schedule, or any part of such Property, be destroyed or damaged by Fire and or Lightning at any time before 4 O'clock in the afternoon of the last day of the period of insurance named in the said Schedule or of any subsequent period in .respect of which th..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......of Abdul Hafiz and others Vs. Mafizuddin and others reported in 7 DLR 577. In that case it has been held that a perspective right of way cannot be acquired by mere enjoyment of the same for statutory period. The enjoyment must be as of right i.e. not attributable to permission implied or express. Th..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......harging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the office of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section 5 of the Ordinance LIX of 1982 by Ordinance No.X..Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......the opposite party No.1 polled 1455 votes, the opposite party No.2 polled 1024 voted and the opposite party No.3 polled 943 votes. The petitioner was declared elected as the Chairman and within the period of limitation from the date of Gazette Notification, the opposite party No.1 filed Election T..Category: Election Law | Date: | Hits: 187
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ...... issued on 29.1.89. A Division Bench of this Court made the Rule absolute by a judgment and order dated 83.89. It was held that the grounds of detention were given after the expiry of the statutory period of 15 days which has rendered the detention illegal. An advance copy of the release order o..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......er, submits that according to the provision of section 339C of the Code of Criminal Procedure, the case is to be disposed within 240+30(270) days and if the trial could not be concluded within that period, the accused petitioners are to be released and further trial to be stopped. He submits that ..Category: Procedural Law | Date: | Hits: 112
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....ion is not applicable in the present case. Under that provision a Sessions Judge was competent to allow further investigation in cases where the police failed to conclude the investigation within the stipulated time and when the same was stopped and the accused released. That was the only provision ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148....... 167(7) of the Code, District Magistrate or the Chief Metropolitan Magistrate concerned as the case may be can revive the case. It appears that learned District Magistrate passed the order within the period of 6 (six) months from the date of passing the order by the learned Sessions Judge (Special T..Category: Criminal Law | Date: | Hits: 82
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